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July 12, 2016 <br /> <br />WHEREAS, <br /> over the past decade the City, ERP and other community partners, <br />including Dominion Virginia Power and The Port of Virginia, have raised over four <br />million dollars in state and federal grant funding and private donations to develop the <br />park; and <br /> <br />WHEREAS, <br /> the park property was originally acquired, and is currently owned, by <br />an affiliate of ERP; and <br /> <br />WHEREAS, <br /> under the terms of federal grant funding for the project and as <br />contemplated by the Original Agreement, title to the property must be conveyed to the <br />City; and <br /> <br />WHEREAS, <br /> prior to conveying the property ERP intends to use its own funds to <br />construct a building to provide educational and staffing amenities for the park; and <br /> <br />WHEREAS, <br /> the property will therefore be conveyed to the City subject to a <br />ground lease so that ERP will continue to control the building and remain solely <br />responsible for all future maintenance, utility and other expenses of the building; and <br /> <br />WHEREAS, <br /> the City will enter into a sublease having a five year term and an <br />annual rent of $13,212 for the purpose of using a portion of the building and associated <br />structures for storage and office space to house one employee of the Department of <br />Parks, Recreation & Leisure Services; and <br /> <br />WHEREAS, <br /> this legal structure benefits the City by providing the right to use the <br />building while simultaneously placing clear and definite limits on the City’s obligations, <br />both with respect to cost and duration; and <br /> <br />WHEREAS, <br /> a Second Amended Agreement for the Paradise Creek Nature Park <br />has been negotiated by the City and ERP to govern the timing and manner of <br />conveyance of the park property and the parties’ respective rights obligations related to <br />the building; and <br /> <br />WHEREAS, <br /> the Second Amendment Agreement further outlines how the City <br />and ERP intend to cooperate to maximize the benefits of the Paradise Creek Nature <br />Park as a significant recreational and educational amenity for the citizens of Portsmouth <br />and the region. <br /> <br />NOW THEREFORE BE IT RESOLVED <br /> by the Council of the City of Portsmouth, <br />Virginia, that the City Manager is hereby authorized to execute and deliver on behalf of <br />the City the Second Amended Agreement for Paradise Creek Nature Park and to further <br />execute and deliver such additional documents as are necessary to implement the <br />Agreement, including a five year lease for use of the ERP building.” <br /> <br />Ayes: Cherry, Edmonds, Psimas, Whitaker, Wright <br />Nays: None <br /> <br />16 - 220 - Adoption of a resolution accepting the Turnover Review dated May 26, <br />2016 performed by the firm of Clifton Larson Allen, LLP and covering the period <br />from July 1, 2015 through August 31, 2015. <br />Vision Principle: Efficient Service <br />Delivery. <br /> <br />Background: <br /> <br /> As a sound financial practice, a turnover review, using forensic auditing <br />techniques, is beneficial when there are changes in certain upper management <br />positions such as City Manager or Chief Financial Officer. <br /> <br /> The City Council requested that the City Manager conduct a turnover review to <br />determine any issues or discrepancies. <br /> <br /> A Request for Proposal was issued and the audit firm of CliftonLarsonAllen, LLP <br />was selected to conduct the review. Since the external audit for FY 2015 was through <br />June 30, 2015, the timeframe for the turnover audit was July 1-August 31, 2015. The <br />auditors were provided data for two years to compare and analyze to determine a <br />thorough audit program. <br /> <br /> <br /> <br />